2013.02.13 Particulars of Infringement [Stamped] page 1
2013.02.13 Particulars of Infringement [Stamped] page 2
2013.02.13 Particulars of Infringement [Stamped] page 3
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2013.02.13 Particulars of Infringement [Stamped]

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Google's lawsuit against BT in the UK part 1

Text of 2013.02.13 Particulars of Infringement [Stamped]

-- -" . - . ',., .. _.\ r , ! 1\' , "', , I " ,'. S 1< .', ,1/ I {hl'l.I, L'. ,', \ n,"" ",,! :,; elaim No. 2.0 IN THE HIGH COURT OF JUSTICk CHANCERY DIVISION PATENTS COURT BE TW E E N: 1 3 FEB lUlj MOTOROLA MOBILITY LLC ! I J (a company incorporated in the state of Delaware, USA) - and-BRITISH TELECOMMUNICATIONS PLC PARTICULARS OF INFRINGEMENT Claimant Defendant The following are the Particulars of Infringement referred to in the Particulars of Claim served herewith _and upon which the Claimant relies. Herein the Claimant will use the same abbreviations adopted in the Particulars of Claim. 1, Prior to the issue of proceedings herein, and subsequent to the date. of the publication of the application for the Patent, the Defendant has offered for sale and/or supply, and/or has sold and/or supplied in the United Kingdom, and continues to do so, TV services and related products comprising: (a) the YouView set-top box (the "YouView STB") and the BT Vision+ set-top box (the "BTVision+ STB") (together the "STBs"); and/or (b) the BT Vision on-demand content distribution service offered and provided to subscribers for use with the STBs (whether, in the case of the YouView STB, said STB is supplied by the Defendant or a third party) (the "BT Vision Service"). 1093546 2. The Defendant has supplied and/or offered to supply in the United Kingdom the BT Vision Service and STBs inter alia as follows: (a) The Defendant operates the website http://www.bt.com (the "Defendant's website"). The 'bt.com' domain name and the 'BT Vision' trade mark are registered to the Defendant; (b) The 'TV' section of the Defendant's website, including the pages http://www.productsandservices.bt. com/products/tv. http://www.productsandservices.bt. com/products/tv/on-demand. and http://www.productsandservices.bt. com/products/tv/bt-vi sion-with-sport, images of which are at Annexes A, Band C respectively, describes services and products offered and provided by the Defendant, including inter alia the BT Vision Service and the STBs; (c) The pages of the Defendant's website entitled "TV Packages" (http: //www.productsandservices.bt.com/prod ucts/tv /youview-packages and http: //www.productsandservices.bt.com/products/tv/bt-vision-sports-packages), images of which are at Annexes D and E, list a number of TV packages including -the BT Vision Service and permit the user to place an order to purchase a package (which can include the supply of a STB); (d) The BT Vision user manuals available for download from the Defendant's website carry the copyright notice " British Telecommunications plc"; see for example the last page of the "Welcome to BT Vision" user manual, a copy of which is at Annex F, available to download at http://bt. custhelp.com/ci/fattach/getl2733259/1 350465927 /redirectl1 . 3. Prior to the issue of the proceedings herein, and subsequent to the date of the publication of the application for the Patent, the Defendant has thereby infringed and threatens to infringe the Patent, by doing and/or threatening to do the following acts in the United Kingdom whilst the Patent is in force without the consent of the Claimant namely: (a) offering a process for use in the United Kingdom in accordance with at least claim 1 of the Patent when the Defendant knows, or it is obvious to a reasonable 2 625331 person in the circumstances, that its use there without the consent of the proprietor would be an infringement of the Patent; (b) disposing of and/or offering to dispose of a security apparatus of claim 17 of the Patent; (c) supplying and/or offering to supply in the United Kingdom a person (other than a licensee or other person entitled to work the invention) with means, relating to an essential element of the invention of at least claim 1 and claim 17 ofthe Patent, for putting the invention into effect, when the Defendant knows (or it is obvious to a reasonable person in the circumstances) that those means are suitable for putting, and are intended to put, the invention into effect in the United Kingdom. Particulars of Knowledge 4. Pending disclosure and/or further information, the Claimant will rely on the following: (a) the fact that the Defendant has been involved in the development of the products and services complained of and is aware of the technical characteristics, functionality and mode of operation of the said products and services; (b) the application for the Patent was published on 4 April 2001; (c) further, the Defendant ought to have been aware of the application for the Patent from the date of its publication. The technical field of the Patent is one in which the Defendant operates and is well known to be one in which patents are of great importance. As part of their usual practice, a reasonable person operating in that field would routinely make themselves aware of relevant patents held by third parties, including the Patent; and (d) matters coming to the attention of the Defendant in the course of these proceedings. 5. Pending disclosure, provision of further information, inspection and/or cross-examination, the Claimant is currently unable to particularise each and everyone of the Defendant's " . acts of infringement but will seek relief in respect of each and every such act. 625331 ANDREW L YKIARDOPOULOS POWELL GILBERT LLP 3 STATEMENT OF TRUTH The Claimant believes that the facts stated in these Particulars of Infringement are true. am authorised by the Claimant to sign this Statement. Signed ...... ... .. ... .......... . Full Name ZOE MARIANNE BUTLER . Position PARTNER Date .. ... ... .. ...... Name of Claimant's solicitors firm: Powell Gilbert LLP Served on the Defendant on the day of February 2013 by Powell Gilbert LLP of 85 Fleet Street, London, EC4Y 1AE, solicitors for the Claimant. Ref: ZBITW/MOT1.5 625331 4 625331 Claim No. HP13 A 0062.. 0 IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION PATENTS COURT BETWEEN: MOTOROLA MOBILITY LLC (a company incorporated in the state of Delaware, USA) Claimant - and-BRITISH TELECOMMUNICATIONS PLC Defendant PARTICULARS OF INFRINGEMENT Powell Gilbert LLP 85 Fleet Street London EC4Y 1AE Tel. 02030408000 Fax. 02030408001 DX: 358 London/Chancery Lane Ref: ZBITW/MOT1.5 Solicitors for the Claimant 5